(A) Infected trees. All species and varieties of elm trees (trees of genus ulmus) infected with the fungus known as dutch elm disease (ceratocystis ulmi) as determined by laboratory analysis by the section of Applied Botany and Plant Pathology, Illinois Natural History Survey, or other such laboratories, are hereby declared to be public nuisances.
(B) Certain dead trees. All species and varieties of elm trees that are dead or substantially dead and all dead elmwood to which the bark is still attached, which, because of their condition, may serve as a breeding place for European elm bark beetle (scolytus multistriatus) and the native elm bark beetle (hylurgopinus rufipes) are hereby declared to be public nuisances.
(C) (1) Other tree diseases as noted by the Illinois Department of Agriculture or the Department of Natural Resources.
(2) Public nuisance.
(a) Definition. The following are hereby declared to be public nuisances under this article:
1. Any dead or dying tree or shrub, whether located on city or on private property;
2. Any otherwise healthy tree or shrub, which harbors insects or diseases which reasonable may be expected to injure or ham any tree or shrub;
3. Any tree or shrub or portion thereof, which by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public;
4. Any tree or shrub or portion thereof, whether located on city owned property or on private property, which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a streetlight; and
5. Any tree or shrub or portion thereof, whether located on City owned property or on private property, which obstructs the view of any vehicular traffic in or approaching an intersection.
(b) Abatement. The following are the prescribes means of abating public nuisances under this section;
1. Any public nuisance under this section that is located on city owned property shall be pruned, removed, or mitigated by the City in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
2. Any public nuisance under this section that is located on private property shall be pruned, removed or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be in violation of this provision unless and until the following requirements of notice have been satisfied:
a. The City shall cause a written notice to be sent by registered or certified mail to the owner of the property upon which the nuisance is found;
b. Such notice shall describe with particularity the tree or shrub that has been declared to be a public nuisance;
c. Such notice shall state the action that the property owner may undertake to abate the nuisance;
d. Such notice will require the elimination of the nuisance within 30 days after the notice to the property owner, although, upon a showing of good cause, said period may be extended by the city for a reasonable period. In the event that the nuisance is not abated within 30 days following receipt of notice by the property owner, or within any further time period allowed by the city, the city is authorized to cause the abatement of said nuisance, and the reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located, and the property owner of the property upon which the nuisance is located shall be subject to prosecution under this article. Nothing in this provision shall be construed to exempt any person from the requirements of obtaining approvals under this article.
3. The provisions of this article notwithstanding, the Building Commissioner is hereby empowered to, and all the fees associated with the lien, cause the immediate abatement of any public nuisance under this article, provided that the
nuisance is declared by the city or designee to threaten imminent and serious danger or injury or death to any person, and provided that the owner of the property on which the nuisance is located cannot be found through the reasonable efforts of the Building Commissioner.
4. If the Building Commissioner causes trees or plants to be cut, trimmed, or removed as provided in this chapter, a notice of lien of the cost and expense incurred by the city shall be recorded as provided in 1LCS Ch. 65, Act 5, § 11-20-7, as amended from time to time. The city or the person performing the service by authority of the city, shall within 60 days thereafter file a notice of lien in the office of the county recorder of deeds. The notice of lien shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof; (2) the amount of money representing the cost and expense incurred or payable for the service, to include recording charges for the lien and a release of lien; (3) the date when such cost and expense was incurred by the city. In addition to filing a notice of lien with the recorder of deeds, notice of such lien also shall be personally served on, or sent by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year. Every lien recorded pursuant to this section shall include a charge to recover the costs expended by the city in preparing said lien, plus the actual recording cost as determined by the Cook County Recorder of Deeds.
5. Upon payment of the cost and expense after a notice of lien has been filed, the lien shall be released by the city or person in whose name the lien has been filed, and the release shall be filed of record in the same manner as filing the notice of the lien.
6. Real estate subject to a lien for unpaid cutting, trimming, or removal costs and expenses may be sold for nonpayment of the same, subject to the statutory rights of bona fide purchasers or prior lienors, and the proceeds of such sale shall be applied to pay such costs and expenses, after deducting court costs and legal fees, as in the case of the foreclosure of statutory liens.
7. The City Attorney is hereby authorized and directed to institute such foreclosure proceedings, which shall be in equity and in the name of the city, in any court of proper jurisdiction, against any real estate for which the cutting costs and expenses have remained unpaid for 60 days after being incurred.
8. The Building Commissioner is hereby empowered to seek from any court of competent jurisdiction an order directing the immediate abatement of any public nuisance under this chapter.
(Ord. 0-30-82, passed 10-5-82; amend. Ord. O-08-18, passed 3-6-18)